3-24-17 National Chocolate-Covered Raisin Day PROPERTY A SLIDES 3-24-17 National Chocolate-Covered Raisin Day

Friday Mar 24: Music to Accompany Lutz: Billie Holiday Sings (1952) Pre-Test Office Hours Fri 3/24: 12:30-3:30 (My Office) Sat 3/25: 1:00-5:00 (Classroom G263) Sun 3/26: 12:00-3:15, 3:45-7:00 (Classroom G263) I’ll Respond to Reasonable E- Mail Qs Sent by 7 p.m. Sunday NCAA CONTEST LEADERS 15 Points: Zuckerman 13 Points: Nashban; Roman 5 Points: Ortega; Pouser; Simon; Stone-C; Vincent NCAA CONTEST TRAILERS 1 Point: Dilts; Fajer; Gluck; McCollum; Sparhawk 0 Points: Maryanoff

CHAPTER 3: The Shadow of the Past Source Of Chapter Title?

CHAPTER 3: The Shadow of the Past The Rule Against Perpetuities: One Rule to Ring Them All, One Rule to Find Them, One Rule to Bring Them All and in the Darkness Bind Them.

CHAPTER 3: The Shadow of the Past The Rule Against Perpetuities: Purposes Paradigm grant: In a will, Tom leaves his estate to “my friend Jerry and his heirs, but when the first of my grandchildren turns 21, to that grandchild.” Problems Conditional Grants Referring to People Identified by Status Rather than Name Conditional Business Grants with no People in Them (Options; Security Interests)

ALL: DQ3.12/3.15: How Much Control Should e Grantors Have? Why should we allow grantors to have any control at all of what happens to land after they have died? Might say can choose who gets, but only can give fee simple absolute. Maybe allow life estates & vested remainders but no conditions on use. Might limit conditions even more than now. E.g., Can’t have conditions that limit or mandate religious behavior of an individual grantee. Can’t have conditions on marrying or not marrying.

CHAPTER 4: ADVERSE POSSESSION INTRODUCTION Cont’d

Adverse Possession: Color of Title Writing (Incorrectly) Purporting to Give Title Often Defective Will or Deed Need to Have Good Faith Belief in Document Significance: Makes it Easier for APors to Prove Case Examples in Readings of Rules Doing This

Adverse Possession: Color of Title Sequoia DQ 4.02 Writing (Incorrectly) Purporting to Give Title Significance: Makes it Easier for APors to Prove Case DQ4.02: Why do states have stricter requirements for AP w/o Color of Title?

Adverse Possession: Color of Title Sequoia DQ 4.02 Writing (Incorrectly) Purporting to Give Title Significance: Makes it Easier for APors to Prove Case DQ4.02: Why do states have stricter requirements for AP w/o Color of Title? Reward good faith; reward better title

Adverse Possession: Boundary Disputes v. AP of Complete Parcel AP regarding overlapping borders, not whole lots. Most Common Type of AP Case Shows Up in Some of My Old Problems Significance: Changes Requirements/Elements in Some States We’ll Go Through Some Specifics as We Cover Indiv. Elements

Adverse Possession: Boundary Disputes SequoiaDQ 4.03 AP regarding overlapping borders, not whole lots Significance: Changes Requirements/Elements in Some States DQ4.03: Why Treat Boundary Disputes Differently?

Adverse Possession: Boundary Disputes SequoiaDQ 4.03 AP regarding overlapping borders, not whole lots Significance: Changes Requirements/Elements in Some States DQ4.03: Why Treat Boundary Disputes Differently? 1. Tension re diligent owners v. friendly relations w neighbors. (Cross-Reference Easements by Estoppel in Chapter 5) 2. Maybe different expectations re OO’s diligence (Al-Qaeda & 5-foot strip) 3. Less concern about underutilization of land

ELEMENTS OF ADVERSE POSSESSION Primary Panel Responsibilities: BADLANDS DQ4.04-4.06 (Today) Rev. Prob. 4A (Tuesday 3/28) Rev. Prob. 4B in DF Next Week Our Sequence Actual Use Open & Notorious Exclusive Continuous Adverse/Hostile

Adverse Possession Actual Use: Overview 1. Focus: What has APor Done on Land a. Has to be some physical possession/entry to trigger SoL b. In practice need much more to satisfy element (LMN) 2. Many State-specific legal tests/examples in materials a. In real case, check specifics in your state b. On exam: Note & Deal w Possibilities i) Lawyering Q ii) Issue-Spotter or Short Problem

Adverse Possession Actual Use: Overview 1. Focus: What has APor Done on Land 2. Many State-specific legal tests/examples in materials Common: Version of “Use Like Ordinary Owner of Similar Property.” E.g., Ray (similar test for both Actual & Continuous) Lutz Dissent (quoting Ramapo) Common: Cultivation, Enclosure, Improvements (CEI) NY & Florida Statutes

Adverse Possession Actual Use: Overview Cultivation, Enclosure, Improvements (CEI) Rough Definitions (can check local law) Cultivation = Growing things; some sense of crops for food or sale Enclosure = Surrounding land in Q w fences/walls Improvements (Technical Legal Term) = Substantial Building or Repairs Not Just “Making Property Better”

Adverse Possession Actual Use: Overview Cultivation, Enclosure, Improvements (CEI) Part of DQ4.05: When statute says CEI, can you have AP if residing or operating biz from pre-existing bldg.? Probably. No FL case re old statute holds otherwise; cases fall back on “ordinary use” if no CEI In practice, CEI = steps sufficient to show “possessing” land when not actually in residence or running business

Adverse Possession Actual Use: Overview Cultivation, Enclosure, Improvements (CEI) CEI = steps sufficient to show “possessing” land when not actually in residence or running business Likely Source: Where land undeveloped, what are beneficial uses that give notice to OO? Build Grow crops Graze animals + Enclosure (Grazing alone may not be sufficient claim of ownership)

Adverse Possession Actual Use: Overview Fit into AP Purposes Purposes of AP Role of Particular Element Repose Triggers SoL Punish Sleeping OO Enough Activity to Give Notice to Reasonable OO? Reward Beneficial Use/Labor Type We Want to Reward? Protect Connection/ Investment Sufficient to Merit Protection?

Adverse Possession-Actual Use: Overview Easy Qs/Hard Qs Relatively Easy YES Use same as surrounding lots CEI covering entire claimed area Residing or Operating Business using Most of Parcel Relatively Easy NO: Use significantly less than surrounding lots Marginal CEI

Adverse Possession Actual Use: Overview Easy Qs/Hard Qs Hard Qs Not a lot of use but more than surrounding lots (Ray, Bell, Vezey) Some non-trivial CEI but incomplete/imperfect (Lutz) Rev Prob 4A (Mon) addresses some hard Qs Qs on Overview of “Actual Use”?

BADLANDS: “Actual” DQ4.04-4.06 & Rev. Prob. 4A NORBECK PASS

Review Problem 4A: “Actual Use” Element BADLANDS Tuesday March 28 Arguments/Missing Facts? Cultivation, Improvements, Enclosure Enclosure Separately All Three Together Activity Like Owner of Similar Property? Activity Meet Purposes of AP/Actual Use? Only Doing This One Element; Assume Others Met!!

Actual Use Element in the Cases DQ4.04: Lutz (NY 1952) Squatters’ Garden Thrives During the Great Depression Billie Holiday Sings

Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression Why no focus on Charley Residing? Maybe b/c area very small Maybe b/c anticipated problem with [no] claim of title (we’ll come back to with both improvements in a couple of slides & with state of mind on Thursday) Even dissent seems to focus more on cultivation So we’ll look mainly at CEI

Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression If Need CEI: Enclosure? Some boundary line around garden; long row of logs & brush Not Discussed by Majority Maybe too low; maybe not complete enough Maybe not claimed by Attys

Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression If Need CEI: Cultivation: “usually cultivated” Evidence Here? Why Rejected by Majority? Why Did Dissent Disagree?

Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression ASIDE: Why should appellate courts defer to the factual findings of a trial court if the appellate judges believe the findings are incorrect? We Discussed in Context of Sorenson.

Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression If Need CEI: Improvements (Substantial Building/Repairs) Some Small Stuff Insufficient Portable chicken coop Cutting of brush and trees Placing various rubbish on premises.

Actual Use: DQ4.04 (Badlands) Lutz: Garden of Great Depression If Need CEI: Improvements (Substantial Building/Repairs) Some Small Stuff Insufficient Built Shack: What’s Wrong with? Garage Partly Over Boundary Line: What’s Wrong With?